New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-09-09
JURIES AND WRONGDOERS.
PAPERS READ YESTERDAY IN SARATOGA
KX-GovERNoR CHAMBERLAIN on TIKI AMERICAN
SYSTEM OF TRIAL BY JURY-PRoFEssoR Way

York read paper The American Syetem of Trial
| by jury" He began his address by o rapid summa-
ton OF what ne termed the characteristic methods and
sonrces of English law, pc nng ont especially how
steady tnd uubroken was the line OF historical con-
tinuity In Its development To this ia TO he attrb-
ucd great part OF its streugth. influence snd value
| He propose to examine our systm OF trial by jury
- fact, not a theory or IDEAL to inquire what 1t
! is and how it actually works rather than how 1t
squares with scientifically de vsed models q
| priori conceptions Thers may be said to have
| been three formative epochs In its history first,
about tho middle Of the twelfth century. when the
jury acted az simple reo0gnitors and witnesseS sec
ond, ab ,nt the middle lass halt OF the fourteenth
century when the jury acted In part recognitors,
and in part judges OF f,c's testified to them; third
about the beginning 1t the eighs -nb century, when
the Jury. now, acted solely judges OF tho iacss
under the direction OF the court as TO the law.
The speaker discussed spe,iall, the requirement OF
unanmity in jury trials This Was not an original
feature OF the system. Ii first prevailed when jurors
were merely witnesses. and was survival Ut that
period. In other judicial transactions and bodies 1t
does not prevail as in courts OF lav, appeal courts,
the House OF Lords nor legislative parliam mt
| ary mstters The reason tor the rule had much
force 1t doubtless prevented precip tancv, and
often fvrced due deliberaton. The speaker bed that
the iule OF unaniuty ought not to be relaxed 10
criminal cases, but civil he agreed with tho
report If the English Commissioners on the Common
Law made in $50. that tb jury Dug not to b. re-
auired to iemain out more than twelve hours except
upon its own request and that II nine jurors then
tgreed their verdict should be taken. There ~aa one
class OF civil which, in his Judgment ought not
to be tried ures at present. This c,ass has
lately been described invol wing argen er.
osntle shipping transactions. operations In stocks
disputes between great corporations ABOUT matters OF
franchise AMI others of slmi,r kind. which may he
characterized causes arising from the investment
and handling OF large amounts OF capital In active
business" This class of cases cannot be properly
treated by binary jures and some other method OF
their trial should be devised Ut sought
The tact of the perfect identity of the jury with the
great boiy OF the people rice to of the most
serious dangers OF the systeD-the liability OF juries
to be swayed By popular passons and influences to the
de eat OF Justice especially IN criminal causes. Tins
dan yer and evil undenisble, hut IL was one COM
mon to the whole system OF sell government. In tho
long run. the people could be trusted, aud so could
juris, To di nnish the power OF Jures would he to
letter freedom. not to conserve it. TIC remedy was
In constantly striving to increase the aggregate inte
genoe and virtue OF the body OF tbs people. The
speaker added:
especially comparison with that o. other nations 10
" so oonssnant viii ovi soley.
be Sr rs US Sn. pe.,en %
goan for iah system II trial BY jury amt an actual
beI very recent effort ,hpash The o.
York.
He then gave a history of the Broadway conspiracy
trials OF the consprators and chncluded as fol-
lows:
The present whole t..ntytwo er6e tak.r, and
read. Ike page Of ro~anes Ike pOeio rrcor o.
Nsa.. OF We Aiar%sn WG ~ rs no
IN Sing sing tonr fugtves in Rru.h domiuons four
a. IN: g,.i to r rsaa.d Of ..ynT as
S.. .s' IadcS .lsrSd one not Indicted
nader snrvs anos s wines, ana Sven arc INA, TIA
to Keep e.mpan, ihI.. oomIIis. at siss snr
max. their tr. pos. ole o 'ns t@at Ts1 sa 90
N. goal Of thirty year. s,InssI: one at 'svsIy.s
an iva awaiting under -pomou. ball bonds their trial
Thi. s"nef-ts Ok ,Inp. t. brilliant and ..vl
conclusive vinde.n Of the sh.qa,cy Of or present aT
Sora NOR. sTHsnes ."a
an .u a1 o rsohs.rT OF s"T.r""nt Is or
w SI "a. +. .. . sAs s' nus. be
men n-. not G"S .s..t. for pn o i'y
the people eecoms CORRUPT or no. eoTas 1ssnss -. :.
ehnery OF government the mni.stop Of the Jaw no
Law. ,n.Lao1: vi" "sS.r '.,eas lHs1' @T .D.G
s'i,non. gov.rnmsn,a maehinery or iurl.nrai.se.
iIrrty IL justice operated amt .2pllsd TO at
sn h isT.s. All s.nt
IS ON 'S sT. ' hat rial Sv Jury ~ tic Gn.
san AMI oo%s.p pro.scnns ossr' rs ' pnaes md
those mpes OF reirbhtive asd vndcstrT
and esr MSS Of s sr1 .GssIy
Professor Francis wayland. OF Yale College read a
paper on 'Incorrisible Misdemeanants." lie said
About year read before :he National Prison 40.
a. r tn"gA n nash, 70 dame HIN ,n 70
VIVA IL nj. own interest aud - the interest OF The pnts
% To os .s aO.e m % o s.aa cfSns or p
eT%a Va, cunt to DO wv Tseosi a'
The mesb r, Of is ca.. ar, Gprsy at war WIN M
and ansoro 70 g.: 1wroas sasp T,' con-
Al Iargr an cannot complain ~
vdus Tor his inpr.onment durns he t.In OF h., nAnr
which we're Enacted election tho peaceabe
Pr.o" A.soeStion the policy h.. been
substantially adopted by the states OF Massachusetts and
IL rsman. now TO cousder another class OF offender,
whore eIisence distinctly recOEnized "a that OF ihs
former las aud whose ml.heeis are az palPaoe although
soc city an viIz ton. aide TO the ncoTrigoIs m'sds'
slSm Of Ioae ,ere. OF petty abnndan demon
.tlsl.d their iaaoty 81 nn wIinsness 20 eIye.n p
inciuGe drdnksrd' habtual thieves ineorrrlDs
.on rrs,ns oaioer. when OF III duty and
s no .as%p to oaTi hat "ha
OF %nn . s s 1 IN TS n. ro%"y
Win the to mar. .nsr s Of III. Su
pr rend hs been convicted Ia tho pole. court o,
tines IN the last steven years Her has been
the form Of fac, ranslns from 81 to 80 eo,s ansa
VARYING lhry 70 100 DAYS g D. Ias in N. past sh
lar character lines Their court recor how
sSs . ,r r.H s r
yo. 20 eosmson. GTinsIns terminating ~ tie
.e dossuc which isroa ICED Ihsm once r.. to n: mag'
walls the M was thu, simply psnic2ns to th.I, iame,
only useful ny deriving them for periods OF tho power
10 do active mischief.
Professor Wayaud then gave instances OF like depray-
ity and almost continuous imprisonment OF men, Ito
continued:
Now. body with sufficient Intelligence to keep him
IDIOTS itcnd
men ana women described not posts 10 'ocrty
Think children oi snch parents and reared amd
mLrutiug associa Ions Try 10 estimate
tho taxation which mt policy OF dealing win these
entails community. Wcgh cirs
fully aud kindred cons atoms and then ask y"nr
" they I'd passed tho entire period coysr
Nv their vasef violent wIckedness In prison. socoY
won ii be vastly Tho gaiaer. both as 90 pubic
moral. and pnbic What 10 about
nj hat adequate reney have 10 suggest answer
close confinement Ia a OF work house
until DEATH until conclusive ov ience ol eniIe rel ra
ton Mailing short will correctly solve tho pro,cm
ar do entr, Justice either 10 tina culr TO tho community
Tho disease deadly the treatment must be heroic
STILL SEARCHIyG FOR MRS FORD'S CHILDREN
Henry Pontdexier the coored Pullman ear porter who
ia charged with the abducton OF Mrs Fords three chill
dren had an examination before Police Justice stlsing